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langzzz

Member
Jan 5, 2024
15
0
Hey guys, I want to share my bad experiences with two times flagpoles in Windsor. It's a sad story, and I need your suggestions

My boyfriend and I are common-law partners. He is a student of UWindsor, and I came to Canada with him in August as a visitor.

On Sep 29, I went to Flagpole to apply for SOWP, which failed. The officer said he couldn't find my upfront medical exam in the system, and he suggested I come back one month later. After that, I applied for SOWP online immediately.

Today, on Jan 5, I still have no updates from IRCC, and my visitor visa has almost expired. So I went to Flagpole again. But I failed again, and the officer copied all my support documents as a record and said I CAN NOT do flagpole again!

The officer I met today was so rude; I think he just doesn't want to issue me a work permit. Firstly, he questioned about our relationship and why there was a month gap that we didn't live together. Then, he returned and said my name shouldn't be on the one-year lease agreement cause I could only stay for six months as a visitor. I said we need this to prove we live together, that's important to common-law partners! Then he said it is illegal, and he doesn't believe I will go back to my country cause I don't have a house in my country! He said I’m trying to stay in Canada permanently, and he doesn't believe our documents.

Anyway, he had many questions about my case, and he didn't care about our explanations.

So, guys, I need help with the questions below

- will those two flagpole failures affect my online application?
- my boyfriend and I will get married next week. I will upload this through Weform after that. Will this help me get the SOWP?
- if the IRCC refuses my application, can I apply for a visitor record then? Since my visit status will expire then, I stayed for more than 6 months.

Looking forward to your advices!
 

scylla

VIP Member
Jun 8, 2010
93,178
20,656
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hey guys, I want to share my bad experiences with two times flagpoles in Windsor. It's a sad story, and I need your suggestions

My boyfriend and I are common-law partners. He is a student of UWindsor, and I came to Canada with him in August as a visitor.

On Sep 29, I went to Flagpole to apply for SOWP, which failed. The officer said he couldn't find my upfront medical exam in the system, and he suggested I come back one month later. After that, I applied for SOWP online immediately.

Today, on Jan 5, I still have no updates from IRCC, and my visitor visa has almost expired. So I went to Flagpole again. But I failed again, and the officer copied all my support documents as a record and said I CAN NOT do flagpole again!

The officer I met today was so rude; I think he just doesn't want to issue me a work permit. Firstly, he questioned about our relationship and why there was a month gap that we didn't live together. Then, he returned and said my name shouldn't be on the one-year lease agreement cause I could only stay for six months as a visitor. I said we need this to prove we live together, that's important to common-law partners! Then he said it is illegal, and he doesn't believe I will go back to my country cause I don't have a house in my country! He said I’m trying to stay in Canada permanently, and he doesn't believe our documents.

Anyway, he had many questions about my case, and he didn't care about our explanations.

So, guys, I need help with the questions below

- will those two flagpole failures affect my online application?
- my boyfriend and I will get married next week. I will upload this through Weform after that. Will this help me get the SOWP?
- if the IRCC refuses my application, can I apply for a visitor record then? Since my visit status will expire then, I stayed for more than 6 months.

Looking forward to your advices!
- The two flagpole failures should not impact your application.
- Getting married might help your application however it cannot look like you are marrying for immigration purposes. You would want to make sure you have a proper wedding with at least a small reception. Note that to be considered as common law, you must have lived together continuously for at least one full year. Have you lived together continuously (with no breaks) for at least one year? The officer was right when he said it is critical that you be able to show several pieces of evidence to prove you have lived together for at least one year continuously.
- You can apply for a visitor record if IRCC refuses the SOWP however that visitor record is not guaranteed to be approved. Also keep in mind that if the SOWP is refused after your 6 month visit ends, you will be out of status in Canada and will need to apply to restore your status.
-
 

langzzz

Member
Jan 5, 2024
15
0
- The two flagpole failures should not impact your application.
- Getting married might help your application how,ever it cannot look like you are marrying for immigration purposes. You would want to make sure you have a proper wedding with at least a small reception. Note that to be considered as common law, you must have lived together continuously for at least one full year. Have you lived together continuously (with no breaks) for at least one year? The officer was right when he said it is critical that you be able to show several pieces of evidence to prove you have lived together for at least one year continuously.
- You can apply for a visitor record if IRCC refuses the SOWP however that visitor record is not guaranteed to be approved. Also keep in mind that if the SOWP is refused after your 6 month visit ends, you will be out of status in Canada and will need to apply to restore your status.
-
Thank you so much!

Me and my boyfriend live together since 11.15.2021 to 6.30.2023, is more than a year. Then in August 2023, we came to Canada and have lived together. So there is a one-month gap from 6.30 to August. I explained to him we travelled around the world and back to each’s parents in July. I thought that it was reasonable for a one-month gap. We try to show him photos but he says he doesn't care.…..

Also, I don't know if I need to imply that 2 flagpoles when I webform to update. Cause I didn't imply in the travel history, and I said NO when asking "been refused admission to, or ordered to leave, Canada or any other country or territory"

Thank you again, your advice really helped me a lot!
 

Naturgrl

VIP Member
Apr 5, 2020
40,496
8,351
Thank you so much!

Me and my boyfriend live together since 11.15.2021 to 6.30.2023, is more than a year. Then in August 2023, we came to Canada and have lived together. So there is a one-month gap from 6.30 to August. I explained to him we travelled around the world and back to each’s parents in July. I thought that it was reasonable for a one-month gap. We try to show him photos but he says he doesn't care.…..

Also, I don't know if I need to imply that 2 flagpoles when I webform to update. Cause I didn't imply in the travel history, and I said NO when asking "been refused admission to, or ordered to leave, Canada or any other country or territory"

Thank you again, your advice really helped me a lot!
So when your boyfriend applied for a study permit and entered Canada, he said he was common law. Pictures don’t prove common-law. To prove, you needed bank accounts, shared utilities/phone bills, insurance, leases etc.
 

Copingwithlife

VIP Member
Jul 29, 2018
3,979
1,943
Earth
Hey guys, I want to share my bad experiences with two times flagpoles in Windsor. It's a sad story, and I need your suggestions

My boyfriend and I are common-law partners. He is a student of UWindsor, and I came to Canada with him in August as a visitor.

On Sep 29, I went to Flagpole to apply for SOWP, which failed. The officer said he couldn't find my upfront medical exam in the system, and he suggested I come back one month later. After that, I applied for SOWP online immediately.

Today, on Jan 5, I still have no updates from IRCC, and my visitor visa has almost expired. So I went to Flagpole again. But I failed again, and the officer copied all my support documents as a record and said I CAN NOT do flagpole again!

The officer I met today was so rude; I think he just doesn't want to issue me a work permit. Firstly, he questioned about our relationship and why there was a month gap that we didn't live together. Then, he returned and said my name shouldn't be on the one-year lease agreement cause I could only stay for six months as a visitor. I said we need this to prove we live together, that's important to common-law partners! Then he said it is illegal, and he doesn't believe I will go back to my country cause I don't have a house in my country! He said I’m trying to stay in Canada permanently, and he doesn't believe our documents.

Anyway, he had many questions about my case, and he didn't care about our explanations.

So, guys, I need help with the questions below

- will those two flagpole failures affect my online application?
- my boyfriend and I will get married next week. I will upload this through Weform after that. Will this help me get the SOWP?
- if the IRCC refuses my application, can I apply for a visitor record then? Since my visit status will expire then, I stayed for more than 6 months.

Looking forward to your advices!

……you’re not guaranteed a sowp



“Who can get a work permit as the spouse or common-law partner of a student?
Your spouse or common-law partner may be eligible for an open work permit if you:”

Key word “ may “
 
Last edited:

scylla

VIP Member
Jun 8, 2010
93,178
20,656
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Thank you so much!

Me and my boyfriend live together since 11.15.2021 to 6.30.2023, is more than a year. Then in August 2023, we came to Canada and have lived together. So there is a one-month gap from 6.30 to August. I explained to him we travelled around the world and back to each’s parents in July. I thought that it was reasonable for a one-month gap. We try to show him photos but he says he doesn't care.…..

Also, I don't know if I need to imply that 2 flagpoles when I webform to update. Cause I didn't imply in the travel history, and I said NO when asking "been refused admission to, or ordered to leave, Canada or any other country or territory"

Thank you again, your advice really helped me a lot!
So he declared you as his common law partner in his study permit application and listed his own status as common law? Or did he list himself as single?
 
Last edited:

langzzz

Member
Jan 5, 2024
15
0
So he declared you as his common law partner in his study permit application and listed his own status as common law? Or did he list himself as single?
Yes, we both declared as common low partner before applying for TRV and student permit. And I applied for TRV before he started his visa application. We provided a common law declaration form (imm5409e) on visa application (trv/sp/soap) and flagpole. But the officer said this means nothing……
And there are no ‘common-law partners’ in my country.
when I applied for a TRV, I said I just wanted to travel around and is super easy cause I do have a lot of visitor visas from other countries. Then my boyfriend applied for SP after a few months. When I came to Canada, the border at the airport asked me how long I would stay here cuz I didn't have a return flight. I said I was here to accompany my boyfriend, taking care of him for a while. So I thought it was reasonable I wanted to stay longer after a while stayed here, people can change, right? And there are a lot of couples from my country who do the same as me. They usually said applying for a SOWP from inside Canada or Flagpole is much easier than outside Canada……and they succeeded.
 

langzzz

Member
Jan 5, 2024
15
0
……you’re not guaranteed a sowp



“Who can get a work permit as the spouse or common-law partner of a student?
Your spouse or common-law partner may be eligible for an open work permit if you:”

Key word “ may “
Yes, I see, guess I'm not the lucky one……
 

langzzz

Member
Jan 5, 2024
15
0
So when your boyfriend applied for a study permit and entered Canada, he said he was common law. Pictures don’t prove common law. To prove, you needed bank accounts, shared utilities/phone bills, insurance, leases etc.
Thank you, we will upload those through the webform. When we did the declaration of Common Law Union IMM5409E one year ago, we provided those to the lawyer. But I only brought the joint lease agreement and IMM5409E to the flagpole. Maybe that's not strong enough……but that officer obviously doesn't care about any proof at all
 

scylla

VIP Member
Jun 8, 2010
93,178
20,656
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Thank you, we will upload those through the webform. When we did the declaration of Common Law Union IMM5409E one year ago, we provided those to the lawyer. But I only brought the joint lease agreement and IMM5409E to the flagpole. Maybe that's not strong enough……but that officer obviously doesn't care about any proof at all
A joint lease alone is unsufficient evidence of common law. If that's all you brought, that would definitely have contributed to the refusal. Hopefully you provided more than this in the SOWP application you submitted. You need to provide several pieces of evidence that show one year of continuous cohabitation. Keep in mind that photos don't count and are not evidence of cohabitation. Also keep in mind that if what you brough was the joint lease from Canada, this isn't evidence at all since you haven't lived together here for a year continuously. It's extremely important that you provide the right evidence.
 

langzzz

Member
Jan 5, 2024
15
0
A joint lease alone is unsufficient evidence of common law. If that's all you brought, that would definitely have contributed to the refusal. Hopefully you provided more than this in the SOWP application you submitted. You need to provide several pieces of evidence that show one year of continuous cohabitation. Keep in mind that photos don't count and are not evidence of cohabitation. Also keep in mind that if what you brough was the joint lease from Canada, this isn't evidence at all since you haven't lived together here for a year continuously. It's extremely important that you provide the right evidence.
I only provided joint lease agreements from 2021 to the present, including inside and outside Canada……thanks for your reminder! I will webform more proofs and hopefully it will change something, and hopefully the CBSA didn't flag me or something else…
 

scylla

VIP Member
Jun 8, 2010
93,178
20,656
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I only provided joint lease agreements from 2021 to the present, including inside and outside Canada……thanks for your reminder! I will webform more proofs and hopefully it will change something, and hopefully the CBSA didn't flag me or something else…
Yes, you definitely want to provide more than just joint leases. Include things such as joint bank accounts, joint utility bills, tax returns showing the same address, etc.